PENALTY FOR NAMES ON AMBULANCE

THE Office of the Ombudsman has reduced the period of suspension of the mayor and vice mayor of Asingan from one year to one month for conduct prejudicial to the best interest of the service that emanated from putting their names and photos to the municipal ambulance.

In a five-page decision penned by Ombudsman Samuel Martires released on Oct. 2, 2019, it said that “this Office finds substantial evidence against respondents Heidee Ganigan-Chua and Carlos F. Lopez, Jr. for simple misconduct and are hereby meted the penalty of one month suspension without pay”.

It added that in the event that the penalty of suspension can no longer be enforced due to respondents’ separation from the service, the penalty of fine is imposed in the amount equivalent to their salaries for one month and may be deductible from respondents’ accrued leave credits, benefits, or any other receivables.

Chua and Lopez were mayor and vice mayor respectively when the complaint of Councilor Evangeline Dorao was filed.

In the 2019 polls, Chua was elected vice mayor while Lopez became mayor but Dorao lost in her re-election bid.

Chua and Lopez filed their respective motions for reconsideration after the Ombudsman, in a decision dated June 9, 2017 that found substantial evidence against them and meted the penalty of suspension from the service for one year without pay.

Both respondents filed separate motions seeking the speedy resolution of their motions for reconsideration notwithstanding the fact that they have already served the one year suspension without pay.

“The installation of vehicle stickers with the name and photo of respondents Chua and Lopez, Jr. is not as odious and grave as those defined in the foregoing jurisprudence. Respondents’ failure to observe the prohibition laid down in the Department of the Interior and Local Government (DILG) Memorandum Circular No. 2010-101 do not tarnish the image and integrity of their office but such failure amounts to misconduct,” the decision said.

The Ombudsman also noted that the removal of the vehicle stickers negates a clear intent to violate the law or flagrant disregard of established rules, hence both respondents should only be held liable for simple misconduct.

Chua's and Lopez's legal counsels are preparing their responses to the new order since both already served their one-year suspension from January 2018 to January 2019. (PhilStar Wire Service/Nora Dominguez) 

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